Green v. City of New York

OPINION OF THE COURT

Memorandum.

Order unanimously affirmed without costs.

In this action to recover damages for negligent interference with plaintiffs common-law right to possession of her deceased son’s body, a jury verdict in favor of plaintiff for $15 million was set aside by the trial court on the ground that the City of New York could not be liable to plaintiff as a matter of law because the acts of defendant’s agents were discretionary and because the Police Patrol Guide could not serve as a basis for liability. While we affirm that ruling for the reasons stated by the court below, we…